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Also note the effective date of the law: 9/1/1971 - it has nothing to do with free speech zones. It's the law in Texas (and has been for 2 generations) that if the governing board (or their representative - in this case, UTPD) asks you to leave, you have to leave. Period. I know of no jurisdiction in the country that would consider a political protest for which no permit has been issued to be "legitimate business."

It doesn't matter if you are praying to Thor in the middle of a grassy area with no one else around you. It doesn't matter if you are "exercising your right to free speech." It doesn't matter if you are there gathering information as a journalist. If they ask you to leave and you refuse, you are subject to arrest and prosecution under Title 3, Ch. 51. If you feel that your removal was a violation of your rights, then your recourse is to pursue the matter in civil court. However, as Plaintiff, the burden of proof is on you, not the University as Respondent. The burden of proof in such a case would be a pretty high bar to clear.

Thanks for the info, I wasn't able to turn any of this up in my brief search. I certainly don't agree with the law here, thankfully I'm not in Texas (I wonder if there is a simillar statute here).

I have to agree. Free speech zones shouldn't be allowed to exist. I shouldn't have to stand in a pen to voice dissent.

They don't, really.

You're free to write an Op-Ed or send out a mailer.

You're free to speak on your own property anytime you like.

But private property and public space raises issues of public safety etc. It's not unreasonable to allow cities to control crowds and demonstrations -- to prevent damage to property or injury to individuals.

The right of a student to cross campus without having to wade through some unruly mob trumps your right to just start a rally on private property anytime you want.

The University has to be able to conduct business and keep students safe.

There is a good amount of case law on this, SCOTUS is not on your side.

The SCOTUS also has a habbit of using the their power to spin the Constitution in a way that may not have originally been intended.

Originally Posted by hazlnut

They don't, really.

You're free to write an Op-Ed or send out a mailer.

You're free to speak on your own property anytime you like.

But private property and public space raises issues of public safety etc. It's not unreasonable to allow cities to control crowds and demonstrations -- to prevent damage to property or injury to individuals.

The right of a student to cross campus without having to wade through some unruly mob trumps your right to just start a rally on private property anytime you want.

The University has to be able to conduct business and keep students safe.

There is a good amount of case law on this, SCOTUS is not on your side.